ISLAMABAD: The Supreme Court issued notices to the Election Commission of Pakistan (ECP), and the NADRA on an appeal against the Islamabad High Court (IHC)’s verdict and the petitions of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and Pakistan Awami Muslim League (AML) chief Sheikh Rasheed.
A three-judge bench, headed by Justice Ijazul Ahsan, on Wednesday, heard the appeal of Dawood Ghazanavi and dual national Atif Iqbal Khan against the IHC, which on June 6, 2022, had disposed of their petition after they had withdrawn it.
The ex-CJ IHC, while dismissing the petition, had observed that none of the amendments made to the Elections Act, 2017 by the incumbent coalition government deprive the overseas Pakistanis of their right to vote.
He stated that the amendments, both new and earlier, to the law were the same in nature and the only difference is that more explanation has been given in the new amendments. He added that both amendments were not seeking to eliminate the voting right of overseas Pakistanis.
The National Assembly on May 26 passed a bill namely, Elections (Amendment) Bill, 2022, which reversed the election laws introduced by the government of the PTI regarding the use of electronic voting machines (EVMs) and E-voting for overseas Pakistanis.
During the proceeding, Arif Chaudhry, appearing on behalf of Dawood Ghazanavi and Atif Khan informed the bench that the polling procedure has been made “difficult” to prevent overseas Pakistanis from voting.
He said under Section 94 of the Elections Act, 2017, the ECP is legally bound to devise a mechanism to enforce the fundamental right of vote of overseas Pakistanis, which had been virtually taken away under the guise of the said amendment act.
They had filed the petition against the passage of the Elections (Amendment) Bill, 2022 which disallows overseas Pakistanis from voting electronically.
The petitioners’ objected to the amendment in Section 94 in the Elections (Amendment) Act, 2022, saying that despite that the law mandated the ECP to take some decisive acts to enable overseas Pakistanis to exercise their right to vote, no action in this regard had been taken by the respondent.
They said that the former PTI government had made an amendment in sub-section (1) of Section 94 of the Elections Act, 2017 and the present regime, which was vociferously opposing the fundamental right of vote of overseas Pakistanis at all levels, also made an amendment in Section 94.
The petitioners contended that the new amendment has reversed not only the enactment made to enforce the fundamental rights of the petitioners but has also set aside/ reversed the judgment of the Supreme Court of Pakistan. The case was adjourned for two weeks.
Copyright Business Recorder, 2023
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